CHIEF JUSTICE MULLARKEY and JUSTICE BENDER would grant as to the following issue:

Whether Rule 24(b)(1)(II) of the Colorado Rules of Criminal Procedure and a criminal defendant’s constitutional right to a fair and impartial jury prevent a trial judge’s spouse from sitting on the trial jury.

Petition for Writ of Certiorari GRANTED and the case is remanded to the Colorado Court of Appeals for consideration of addressing Mr. Cruse’s Supplemental Brief raising a double jeopardy claim regarding his conviction both of manufacture and possession of methamphetamine

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.